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33 . Const. P. 114/2025 (S.B.) Mst. Zoya and another V/S The Province of Sindh and others Sindh High Court, Karachi Additionally, the main objectives of the police is usually to apprehend offenders, look into crimes, and prosecute them before the Courts, also to prevent the commission of crime, and above all, make certain legislation and order to protect citizens' lives and property. The regulation enjoins the police to be scrupulously fair for the offender as well as Magistracy is to make sure a fair investigation and fair trial for an offender. Unfortunately, these objectives have remained unfulfilled. Deviations of police officers and police excesses in dealing with the legislation and order situation have been the topic of adverse comments from this Court together with from other Courts, Nonetheless they have did not have any corrective effect on it.

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14. Inside the light in the position explained higher than, it can be concluded that a civil servant has a fundamental right to be promoted even after his retirement by awarding proforma promotion; provided, his right of promotion accrued during his service but could not be considered for no fault of his own and In the meantime he retired on attaining the age of superannuation without any shortcoming on his part about deficiency inside the size of service or while in the form of inquiry and departmental action was so taken against his right of promotion. Bench: Hon'ble Mr. Justice Muhammad Karim Khan Agha, Hon'ble Mr. Justice Adnan-ul-Karim Memon(Creator) Source: Order: Downloads 433 Order Date: 24-JAN-twenty five Approved for Reporting WhatsApp

The necessary analysis (called ratio decidendi), then constitutes a precedent binding on other courts; further analyses not strictly necessary for the determination with the current case are called obiter dicta, which constitute persuasive authority but will not be technically binding. By contrast, decisions in civil regulation jurisdictions are generally shorter, referring only to statutes.[4]

Unfortunately, that was not real. Just two months after being placed with the Roe family, the Roe’s son informed his parents that the boy had molested him. The boy was arrested two times later, and admitted to obtaining sexually molested the couple’s son several times.

one hundred forty five . Const. P. 3670/2023 (D.B.) Rehan Pervez V/S Fed. of Pakistan and Others Sindh High Court, Karachi First and foremost, we would address the issue of maintainability of the moment Petition under Article 199 with the Constitution based about the doctrine of laches as this petition was filed in 2016, whereas the alleged website cause of action accrued on the petitioner in 1992. The petitioner asserts that he pursued his legal remedy just after involvement from the FIR lodged by FIA and in the intervening period the respondent dismissed him from service where after he preferred petition No.

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A lot of judgments have affirmed that the mere registration of a crime does not constitute a "public interest" justification for restricting a person's liberty. Therefore, the Respondent's actions in placing the Petitioner's name within the ECL based over the criminal case are inconsistent with recognized legal principles. Therefore, this petition must be allowed Read more

In some jurisdictions, case regulation might be applied to ongoing adjudication; for example, criminal proceedings or family legislation.

Binding Precedent – A rule or principle founded by a court, which other courts are obligated to observe.

In other circumstances as discussed supra pensionary benefits cannot be stopped on account of criminal charges after the retirement of two years; and, is violative of your law laid down via the Supreme Court while in the case of Haji Muhammad Ismail Memon, PLD 2007 SC 35. Hence, the competent authority with the parent department on the petitioner and the Chief Secretary, Sindh, are liable to release the pensionary amount in the petitioner and pay back the pension amount and other ancillary benefits towards the petitioner to which He's entitled under the regulation within two months from the date of receipt of this order. The competent authority on the respondent is usually directed to recalculate the pensionary benefits with the petitioner and increases accrued thereon the withheld pensionary benefits with effect from stopping to date. Read more

The appellate court determined that the trial court experienced not erred in its decision to allow more time for information for being gathered via the parties – specifically regarding the issue of absolute immunity.

Because of their position between the two main systems of law, these types of legal systems are sometimes referred to as blended systems of legislation.

Matter:-SERVICE Hon'ble Mr. Justice Muhammad Karim Khan Agha, Hon'ble Mr. Justice Adnan-ul-Karim Memon(Writer) Const. P. 642/2023 (D.B.) Fatima Noor V/S Dow University of Health Science and Others Sindh High Court, Karachi SHC Citation: SHC-225471 Tag:Coming to the main case, It's also a effectively-proven proposition of regulation that when an inquiry is conducted on charges of misconduct by a public servant, the Court is concerned with determining whether the inquiry was held by a competent officer or whether rules of natural justice are complied with. Whether the findings or conclusions are based on some evidence, the authority entrusted with the power to hold inquiry has jurisdiction, power, and authority to succeed in a finding of fact or summary. But that finding must be based on some evidence. Neither the technical rules nor proof of the fact or evidence during the Stricto-Sensu, apply to disciplinary proceedings. When the authority accepts that evidence and summary receive support therefrom, the disciplinary authority is entitled to hold that the delinquent officer is guilty of the charge, however, that is subject towards the procedure provided under the relevant rules and not otherwise, for your reason that the Court in its power of judicial review does not act as appellate authority to re-appreciate the evidence and to arrive at its independent findings on the evidence.